On Liability Incurred By Environmental Damage

With the rapid development of modern society , especially with environmental disasters experienced , people by and by deepen their understandings about values of environmental resources . Consequently , our protection on environments are being strengthened . At present , in western countries , the theories and principles on environmental law are updating frequently . And among all problems in the field of environmental law , how to relieve environmental damage with no relation to private rights and interests is the one commonly focused by different countries . The current principles on civil liability assumes that , if no private rights and interests is offended , there is no the object of compensation to environments damage . As a result , liability incurred by those who do harm to environments , is born by all members of our society . For example , if the enterprise who is responsible for environmental damages bears no liability , then such liability will finally be born by all members of our society ,which negatively affects the protection on natural environments . And even worse consequence is that , an enterprise who actively takes measures to avoid pollution , will have to bear extra costs , and then is doomed to be disadvantageous in competition . I think the solution is to strictly practice the principle that polluter bears the burden of pollution . And that's to say , enterprises who commit pollution should be required to bear the costs of restoring environmental resources , which will increase their costs , internalize their external costs and in the end drive them to practice environmental protection .However , there is no market price for natural resources , and the quantification of damage is extremely difficult . At present , the only way for quantification of environmental value is to turn to environmental economics for help . , which theoretically make it possible to assess environmental property . This article first introduces environmental value , its category and assessment of environmental value ; then environmental policy , environmental compensation of USA , and CERCLA , OPA'90 will be introduced . Also , rules on assessment of environmental damage contemplated in Directions issued by Euro parliament and EU Council of Ministers and their developments will be explored . Demonstrative analysis , comparative analysis and etc. will be applied in the research of the above law , and meanwhile , theory of environmental economics will be adopted in assessment of environmental damage . At last , Experience of foreign countries on legislation and justice will be referred as advice for Chinese environmental legislation .